| Along with the rapid growth of China’s economy, the environmental issues caused byunreasonable developmental strategies become more and more obvious day by day. Allkinds of serious environment pollution accidents not only led to the enormous destructionto the ecological environment, but also revealed some deficiency in relevant legislation ofenvironmental protection. In order to improve the legislative system of environmentalprotection in China, the scholars conducted studies and discussions in various aspects,including the theory of Negligent crime of Environmental crimes. However, is a type ofnew crimes, and the theory of negligence is the difficulty in Criminal Law. Therefore,presently there is no common understanding in the necessity of Negligent crime and thedefinition of Negligent crime。This paper discusses four aspects of Negligence dangerouscrimes in Environmental crimes.The first section is the study in domestic and international legislation of Negligencedangerous crimes in environmental crimes. Some countries with civil legal systemstipulated the definition of Negligent crime by legislation, such as Japan, Germany andRussia. However, there is no related regulation of Negligence dangerous crimes in ChineseCriminal Law. Moreover, seem from the explanation of Negligent crime, the existence ofNegligence dangerous crimes is even negated, let alone the Negligence dangerous crimesin environmental crimes.The second section demonstrates the necessity of adding Negligence dangerouscrimes. That there is no Negligence dangerous crimes in our environmental criminal lawdoes not mean it is reasonable to negate the existence of Negligence dangerous crimes. Onthe contrary, the social harmfulness of environmental crimes is usually greater than generalcriminal offences. Its object of crime is not a specific individual so that the consequencecould be disastrous. In other words, environmental crimes are too serious for the publicto afford. But the regulation of Negligence dangerous crimes could prevent the threatsfrom realizing harmful consequence. This is significant to environmental protection laws,our interests and rights. The third section studies the feasibility of adding Negligence dangerous crimes inenvironmental crimes. The traditional theory of negligence regards the harmful result asthe necessary standards of negative assessment bout Negligent crime, the Negligencedangerous crimes could not be considered to commit a crime. Meanwhile, the scholars whonegated Negligence dangerous crimes put forward that the regulation of Negligencedangerous crimes would broad the scope of the attack by criminal law, breaking itsprinciple of relativism. Nevertheless, previously China stepped into the crime-ridden stage,more and more scholars realized the need of adding Negligence dangerous crimes thenexamined the theory of Negligent crime, put forward new points and arguments, providingmore support to the rationality of adding Negligence dangerous crimes.The last section recommended specific measures of adding Negligence dangerouscrimes in environmental crimes. Integrated with scholars’ relevant points and the actualrequirements of judicial practice, I present several concrete steps of adding toEnvironmental crimes. |
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